Spraying hose at dog, Animal Cruelty???

[skygirlwmu]

I will try not to be too long...
Our neighbor has two beagles who bark/howl constantly. Animal control has gone out and had them sign paperwork saying they would fix the problem, but nothing has been done. We have called the sheriff many times but they never send anyone out. Talked to the neighbors and their response is, "They are dogs, they are supposed to bark like that" and "We dont have enough money for a bark collar, and we dont have enough time to train them." I have two dogs myself, both shepherds, and they never bark. I have spent hundreds of hours and thousands of dollars on training them. I believe dogs should be well behaved. Asked a dog trainer what to do about barking dogs and was told to squirt them with water. My husband did it a few times and sure enough, all he had to do was pick up the hose and they would shut up and run inside. (always spraying the ground next to them, never actually spraying the dogs) This Sat I was sitting outside trying to enjoy my weekend and they howled for about 30min straight. Finally got up and took the hose out and sprayed about 4ft from the beagles and sure enough they shut up. (I didn't spray them, they didnt get wet, and they were about 40ft away from me.) The neighbor called the police and I was arrested for animal cruelty! How in the world could that be animal cruelty? These neighbors leave dirty diapers full of feces in the bacyard and the beagles eat those, in my opionion that would be considered animal cruelty before spraying a hose in the dogs general direction! I have never gotten in trouble with the law, never even gotten a speeding ticket before! I love animals, and have volunteered at the local humance society, and I'm the person who pulls over when I see a turtle on the road and I get it across safely! Geesh, I can't even kill a spider! I just dont understand that we called animal control AND the Arapahoe Sheriff many many times and nobody helped us when these beagles had been barking 30-40min straight, yet we spray harmless water, I mean its a regular garden hose, not a high pressure sprayer or anything, and the cops come out in less than 20 min, and I get arrested??? Something is wrong with this picture! We have lived here a year, keep our property immaculate, and these people have been there only 2 months and they haven't ever mowed their grass, trash is ALL over their backyard, and the dogs eat diapers! I have to go to court in 2 months, what should I do? They say it is a misdomeanor and I will a fine... this is so wrong.

 

[army judge]

I will try not to be too long...
Our neighbor has two beagles who bark/howl constantly. Animal control has gone out and had them sign paperwork saying they would fix the problem, but nothing has been done. We have called the sheriff many times but they never send anyone out. Talked to the neighbors and their response is, "They are dogs, they are supposed to bark like that" and "We dont have enough money for a bark collar, and we dont have enough time to train them." I have two dogs myself, both shepherds, and they never bark. I have spent hundreds of hours and thousands of dollars on training them. I believe dogs should be well behaved. Asked a dog trainer what to do about barking dogs and was told to squirt them with water. My husband did it a few times and sure enough, all he had to do was pick up the hose and they would shut up and run inside. (always spraying the ground next to them, never actually spraying the dogs) This Sat I was sitting outside trying to enjoy my weekend and they howled for about 30min straight. Finally got up and took the hose out and sprayed about 4ft from the beagles and sure enough they shut up. (I didn't spray them, they didnt get wet, and they were about 40ft away from me.) The neighbor called the police and I was arrested for animal cruelty! How in the world could that be animal cruelty? These neighbors leave dirty diapers full of feces in the bacyard and the beagles eat those, in my opionion that would be considered animal cruelty before spraying a hose in the dogs general direction! I have never gotten in trouble with the law, never even gotten a speeding ticket before! I love animals, and have volunteered at the local humance society, and I'm the person who pulls over when I see a turtle on the road and I get it across safely! Geesh, I can't even kill a spider! I just dont understand that we called animal control AND the Arapahoe Sheriff many many times and nobody helped us when these beagles had been barking 30-40min straight, yet we spray harmless water, I mean its a regular garden hose, not a high pressure sprayer or anything, and the cops come out in less than 20 min, and I get arrested??? Something is wrong with this picture! We have lived here a year, keep our property immaculate, and these people have been there only 2 months and they haven't ever mowed their grass, trash is ALL over their backyard, and the dogs eat diapers! I have to go to court in 2 months, what should I do? They say it is a misdomeanor and I will a fine... this is so wrong.

First of all, I hope you admitted to nothing.
I also hope you adhered to your right to remain silent.
Talking about this to anyone but your lawyer, isn't helpful.

YOU MUST RETAIN AN ATTORNEY TOMORROW, IF YOU HAVE NOT DONE SO ALREADY!

Telling the police ANYTHING but your name, address, and date of birth is very detrimental to your case.

I HOPE YOU HAVEN'T DONE THAT.

What your neighbors did (or continue to do) is of no relevance to YOUR case.
Think ONLY of YOUR case and YOUR defense.
This is NOT the time to get emotional.
Now is the time to be legal!

You don't have to prove your innocence, the state must prove your guilt.
Toward that end, I pray you haven't assisted them in convicting you by talking.

You obviously live in an unincorporated part of your county, as you said the sheriff responded.
Therefore, as in most unincorporated areas, you aren't protected by noise ordinances.
Dogs barking are something you must learn to live with, if you decide to stay in the country.

I suppose you were charged with the law, as indicated in the quote box that follows?
Most likely, what you are purported to have done is "torment" the animals.

Did anyone say they saw you turn the hose on the dogs?
Did you admit to turning the hose on the dog?
Going forward, that isn't harmful, but those are NOT your dogs.
Don't ever do that again.

Read the statute, and let me know if that is what you were charged under in this case.
If convicted, you'll be ordered to undergo "anger management", and maybe even more scrutiny.

18-9-202. Cruelty to animals--neglect of animals--offenses--repeal

(1)(a) A person commits cruelty to animals if he knowingly or with criminal negligence overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, needlessly mutilates, needlessly kills, carries or confines in or upon any vehicles in a cruel or reckless manner, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather, or abandons it.
(b) Any person who intentionally abandons a dog or cat commits the offense of cruelty to animals.

(2)(a) Cruelty to animals is a class 1 misdemeanor.
(a.5)(I)(A) In addition to the sentence imposed pursuant to this subsection (2), any person convicted of committing cruelty to animals pursuant to subsection (1) of this section, the underlying factual basis of which has been found by the court to include the knowing or intentional torture or torment of an animal that needlessly injures, mutilates, or kills an animal shall pay a surcharge of up to four hundred dollars to the clerk of the court in the county in which the conviction occurs or in which a deferred sentence is entered. Each clerk shall transmit the moneys to the court administrator of the judicial district in which the offense occurred for credit to the fund.
(B) This subparagraph (I) is repealed, effective July 1, 2005.
(II) In addition to the sentence imposed pursuant to subparagraph (I) of this paragraph (a.5) any person convicted of committing cruelty to animals pursuant to subsection (1) of this section, the underlying factual basis of which has been found by the court to include the knowing or intentional torture or torment of an animal that needlessly injures, mutilates, or kills an animal, may be ordered to complete an anger management treatment program or any other appropriate treatment program.
(III) The court shall order an evaluation to be conducted prior to sentencing
to assist the court in determining an appropriate sentence. The person ordered to undergo an evaluation shall be required to pay the cost of the evaluation, unless the person qualifies for a public defender, then the cost will be paid by the judicial district. If the evaluation results in a recommendation of treatment and if the court so finds, the person shall be ordered to complete an anger management treatment program or any other treatment program that the court may deem appropriate.
(IV) Upon successful completion of an anger management treatment program or any other treatment program deemed appropriate by the court, the court may suspend any fine imposed, except for a five hundred dollar mandatory minimum fine which shall be imposed at the time of sentencing.
(V) In addition to any other sentence imposed upon a person for a violation of any criminal law under this title, any person convicted of a second or subsequent conviction for any crime, the underlying factual basis of which has been found by the court to include an act of cruelty to animals, shall be required to pay a mandatory minimum fine of one thousand dollars and shall be required to complete an anger management treatment program or any other appropriate treatment program.
(VI) Nothing in this paragraph (a.5) shall preclude the court from ordering treatment in any appropriate case.
(VII) This paragraph (a.5) does not apply to the treatment of pack or draft animals by negligently overdriving, overloading, or overworking them, or the treatment of livestock and other animals used in the farm or ranch production of food, fiber, or other agricultural products when such treatment is in accordance with accepted agricultural animal husbandry practices, the treatment of animals involved in activities regulated pursuant to article 60 of title 12, C.R.S., the treatment of animals involved in research if such research facility is operating under rules set forth by the state or federal government, the treatment of animals involved in rodeos, the treatment of dogs used for legal hunting activities, wildlife nuisances, or to statutes regulating activities concerning wildlife and predator control in the state, including trapping.
http://asci.uvm.edu/equine/law/cruelty/co_cruel.htm

 

[tpajet]

What about claiming the dogs to be a nuscence animal?

 

[army judge]

What about claiming the dogs to be a nuscence animal?

They live in an unincorporated area of the county.

No such laws exist.

The OP will soon respond, but normally this is the case.

 

[mightymoose]

I have noise ordinances that cover the unincorporated areas of my county.... the OP may as well. It wouldn't hurt to contact the county code enforcement officers and see if they can offer assistance.

Assuming you have given all the information here... I am quite astonished that you were arrested for animal cruelty. Was there ANY other charge? I'd be all over that officer for a bad arrest- you might want to look in to that. Even if you had squirted the dog and actually gotten it wet that wouldn't be anywhere close to animal cruelty.

Also, if it was a misdemeanor than the officer likely had no authority to arrest you since the offense wasn't committed in his presence.

You were actually taken into custody and went to jail, right?? If this had been a citizen arrest then you would have known... if it turns out to be so then you may have a pretty solid claim against your neighbor for a bad arrest. If not, the officer has some explaining to do.

I think somebody really screwed up, and it wasn't you! Not unless you are withholding some info.

 

[army judge]

I have noise ordinances that cover the unincorporated areas of my county.... the OP may as well. It wouldn't hurt to contact the county code enforcement officers and see if they can offer assistance.

Assuming you have given all the information here... I am quite astonished that you were arrested for animal cruelty. Was there ANY other charge? I'd be all over that officer for a bad arrest- you might want to look in to that. Even if you had squirted the dog and actually gotten it wet that wouldn't be anywhere close to animal cruelty.

Also, if it was a misdemeanor than the officer likely had no authority to arrest you since the offense wasn't committed in his presence.

You were actually taken into custody and went to jail, right?? If this had been a citizen arrest then you would have known... if it turns out to be so then you may have a pretty solid claim against your neighbor for a bad arrest. If not, the officer has some explaining to do.

I think somebody really screwed up, and it wasn't you! Not unless you are withholding some info.

The Colorado statute is very clear in defining CRUELTY.
I read it and was astonished at how little wiggle room the legislators left in the law.
They used at least a 20 verbs or adverbs (gerunds, too) to define the conduct they prohibited.
The one they probably used in her arrest is TORMENT.
The animal abuse law is very tough in Colorado.
It covers a multitude of sins, including overworking an animal!

 

[mightymoose]

I still can't see a squirt from a garden hose as torment... seems pretty unreasonable. There is no suffering... no shocking behavior...

I think it's a bad bust by a foolish deputy.... or a hopefully a bad citizen arrest, but even then a citation is all that was needed.

If I were the OP I'd forget all about the dog issue... that won't go anywhere. I'd be jumping up and down over the arrest though.

 

[skygirlwmu]

When the deputy came in to talk to us, she just told us she was giving us a ticket for animal cruelty. I didnt find out until later that it was an arrest and that I have to go to court about it. She was very nice, and never said any of the Miranda rights, so we had no idea it was something serious. So we gave her our complaints about the dogs, and explained everything that had been going on with them to her. Also told her how we had called the sheriff so many times and gave up on animal control because they told us they had already gone as far as they would with the neighbor unless we wanted to take it to court to get the dogs seized, which we didn't want to go that far! The neighbor had come out while I was squirting at the dogs so she saw me do it. I told the cop, that that was what had been reccomended to me, and that my husband had talked to another deputy a week or so back and that deputy had said that it wasn't bad, just to try not to do it too much. I thought the neighbors were falsely accusing me of directly spraying the dogs, because never in my my wildest dreams could I imagine just a few squirts of water 4ft away from the dogs would be animal cruelty. So I said that I did not at any time squirt the dogs, and that they did not even get wet. So I did not admit to directly spraying the dogs, but didn't know that even spraying a hose at all could be animal cruelty because of what my trainer said, and what the other deputy said.

yes "18-9-202 animal cruelty" is what it says on the summons sheet.

No I was not actually taken to jail or handcufffed. She said she had to arrest me, but that she found it unnessesary to put me in the squad car since she didnt expect any problems from me and as long as I signed the summons.

How much is an attorney going to cost me? I mean, we are not destitute or anything, but we are trying really hard to buy a home in the next few months out in the country, as we cannot handle our home being right up against everyone and esspecially now that this has happened, we can't wait to have some privacy! So money is a bit tight as everything is going towards a good downpayment. My court date is July 20th, is that where I will go in, say not guilty, then be assigned a new trial date? Excuse my ignorance, but I know nothing about how this all works, as I have never gone through this criminal process, nor has anyone I've ever known.

Arapahoe county has a barking dog ordinance in which if a dog barks for more than 20min, it is a nuisance. But they dont do much, they came out the first time and showed them the ordinance, about a week later they came and had them sign paperwork saying they aknowledged the problem and would remedy it. They didnt and the next few times we called, we were told they had already done the most they could do without seizing the dogs, at which point they would need two neighbors to come testify against them.

Thank you to everyone for their comments

 

[army judge]

When the deputy came in to talk to us, she just told us she was giving us a ticket for animal cruelty. I didnt find out until later that it was an arrest and that I have to go to court about it. She was very nice, and never said any of the Miranda rights, so we had no idea it was something serious. So we gave her our complaints about the dogs, and explained everything that had been going on with them to her. Also told her how we had called the sheriff so many times and gave up on animal control because they told us they had already gone as far as they would with the neighbor unless we wanted to take it to court to get the dogs seized, which we didn't want to go that far! The neighbor had come out while I was squirting at the dogs so she saw me do it. I told the cop, that that was what had been reccomended to me, and that my husband had talked to another deputy a week or so back and that deputy had said that it wasn't bad, just to try not to do it too much. I thought the neighbors were falsely accusing me of directly spraying the dogs, because never in my my wildest dreams could I imagine just a few squirts of water 4ft away from the dogs would be animal cruelty. So I said that I did not at any time squirt the dogs, and that they did not even get wet. So I did not admit to directly spraying the dogs, but didn't know that even spraying a hose at all could be animal cruelty because of what my trainer said, and what the other deputy said.

yes "18-9-202 animal cruelty" is what it says on the summons sheet.

No I was not actually taken to jail or handcufffed. She said she had to arrest me, but that she found it unnessesary to put me in the squad car since she didnt expect any problems from me and as long as I signed the summons.

How much is an attorney going to cost me? I mean, we are not destitute or anything, but we are trying really hard to buy a home in the next few months out in the country, as we cannot handle our home being right up against everyone and esspecially now that this has happened, we can't wait to have some privacy! So money is a bit tight as everything is going towards a good downpayment. My court date is July 20th, is that where I will go in, say not guilty, then be assigned a new trial date? Excuse my ignorance, but I know nothing about how this all works, as I have never gone through this criminal process, nor has anyone I've ever known.

Arapahoe county has a barking dog ordinance in which if a dog barks for more than 20min, it is a nuisance. But they dont do much, they came out the first time and showed them the ordinance, about a week later they came and had them sign paperwork saying they aknowledged the problem and would remedy it. They didnt and the next few times we called, we were told they had already done the most they could do without seizing the dogs, at which point they would need two neighbors to come testify against them.

Thank you to everyone for their comments

Thanks, that helps clarify things.
First of all, some let me put perspective on all of this.
This is not a big deal.
I'm like you, though OP, I wouldn't want it on my record.

So far, you've done great for a novice.
You admitted to nothing, so that will make your defense easier.
Don't worry about Miranda, it wouldn't matter in case like this.

You squirted at the dog, not on the dog.
The water landed more than 4 feet away from the dog.
The technique had been recommended to you by several animal experts.

What do I do now?
Well, you appear in court on 24 July.
You will plead guilty or not guilty.
Of course, you'll plead not guilty.
Hopefully by that time, you will have sorted out hiring an attorney.
Your attorney will appear with you.

So, start looking for a good attorney.
You can usually ask friends, relatives, church members, etc...
Then go speak to a couple and hire one.
The initial consultation is normally free.
Make sure you get that acknowledgment up front.

You have a very good chance of defeating this charge.
You did nothing wrong.
You love dogs and aren't cruel to them, even barking dogs.
Your neighbors are being retaliatory by accusing you of this behavior.
Your husband witnessed the whole event, and can vouch for your technique.
Get the idea, good.

Last, but the most important thing about this charge.
Colorado takes this crime very seriously.
If you are convicted of (or, God forbid, plead guilty to) this offense, you'll have to take an anger management class.
Yikes, I know.
There might even be another counseling thing they make you do.
So, you don't want to plead guilty of (or take a plea to) animal cruelty.
Why should you?
You can beat this easily.
Now, go get a good lawyer!

 

[mightymoose]

Well that certainly changes things. You were cited for a misdemeanor offense, but that does not mean you committed it.
They deputy was most likely under pressure from the neighbor to do SOMETHING... but still the citation is weak. You have a civil dispute between neighbors if anything.
Just go to court hearing and you will likely find that the case is tossed quickly... if it doesn't get tossed prior to that. You might want to get in touch with your DA and see if they intend to prosecute the offense or not... odds are that they won't waste their time on this and you won't have to go to court at all.

Miranda wasn't required since you weren't in custody.

You won't need an attorney for this, and even if you did have to go to court, there is a good chance your neighbor won't show up anyway.

Really, this is not as big as it seems. You do need to figure out what to do about your neighbor problem before something big does happen though. This citation will go away on its own... don't worry about it... just show up to court on the date you were given unless you are notified in writing that you no longer need to go.